South Dakota Lease Agreement Create a South Dakota Lease Agreement

South Dakota Lease Agreement

Published Dec 11, 2025
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A South Dakota Lease Agreement is a legal document that outlines the rental terms, obligations, and conditions agreed upon by a landlord and tenant for property leased within the state.

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SOUTH DAKOTA LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on , by and between:

LANDLORD:
(hereinafter referred to as "Landlord"), with a mailing address of:

AND

TENANT(S):
(hereinafter referred to as "Tenant").

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the real property and improvements located at the following address (hereinafter referred to as the "Premises"):

The Premises is described as:

II. TERM

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

Rent is due on the day of each month.

Rent shall be paid by the following method(s):

Payment instructions:

IV. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as security for the faithful performance by the Tenant of the terms of this Agreement.

Statutory Limit: Pursuant to SDCL § 43-32-6.1, the security deposit shall not exceed one (1) month's rent, unless special conditions exist which pose a danger to the maintenance of the premises.

Return of Deposit: In accordance with SDCL § 43-32-24, the Landlord shall return the security deposit to the Tenant, or provide a written statement showing the specific reason for the withholding of the deposit or any portion thereof, within two (2) weeks after the termination of the tenancy and receipt of the Tenant's mailing address or delivery instructions.

V. LATE CHARGES AND RETURNED CHECKS

If rent is not paid by the day of the month, the Tenant shall pay a late fee of $.

If any check offered by the Tenant to the Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, the Tenant shall pay the Landlord a returned check fee of $.

VI. UTILITIES

The Landlord shall be responsible for the following utilities and services:

The Tenant shall be responsible for the following utilities and services:

VII. OCCUPANTS

The Premises shall be occupied only by the Tenant and the following individuals:

VIII. PETS

IX. USE OF PREMISES

The Tenant shall use the Premises for residential purposes only. The Tenant shall not use the Premises for any illegal or unlawful purpose. The Tenant shall comply with all laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the Premises.

X. CONDITION OF PREMISES

The Tenant stipulates, represents, and warrants that the Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean, and tenantable condition.

XI. MAINTENANCE AND REPAIRS

Landlord's Obligations: Pursuant to SDCL § 43-32-8, the Landlord shall put the Premises into a condition fit for human occupation and repair all subsequent dilapidations thereof, except that the Tenant must repair all deteriorations or injuries thereto occasioned by the Tenant's ordinary negligence.

Tenant's Obligations: Pursuant to SDCL § 43-32-10, the Tenant must preserve the Premises and appliances in good condition and repair all deteriorations or injuries caused by the Tenant's negligence or lack of ordinary care.

XII. RIGHT OF ENTRY

In accordance with SDCL § 43-32-32, the Landlord may enter the Premises at reasonable times for the purpose of inspection, making necessary or agreed repairs, decorations, alterations, or improvements, supplying necessary or agreed services, or exhibiting the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Except in cases of emergency or abandonment, the Landlord shall give the Tenant at least twenty-four (24) hours' notice prior to entry.

XIII. METHAMPHETAMINE DISCLOSURE

REQUIRED BY SDCL § 43-32-30: The Landlord is required to disclose any knowledge of the prior manufacturing of methamphetamines on the Premises.

The Landlord discloses the following (check one):

XIV. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was built:

XV. DEFAULT AND TERMINATION

If the Tenant fails to pay rent when due, the Landlord may provide a Notice to Quit requiring the Tenant to vacate the Premises within three (3) days, pursuant to SDCL § 21-16-2.

If the Tenant breaches any other provision of this Agreement, the Landlord may terminate this Agreement by providing written notice specifying the breach and requiring the Tenant to remedy the breach or vacate the Premises.

XVI. ABANDONMENT

If the Tenant vacates or surrenders the Premises and leaves personal property, the Landlord may dispose of the property in accordance with SDCL § 43-32-25 and § 43-32-26.

  1. Property valued under $500: If the property has a total reasonable value of less than five hundred dollars ($500.00), the property is deemed abandoned after ten (10) days and the Landlord may dispose of it.
  2. Property valued over $500: If the property is valued at five hundred dollars ($500.00) or more, the Landlord must store the property and place a lien on it for storage and handling charges.

XVII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.

XVIII. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

XIX. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

XX. ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions apply to this Agreement:

XXI. SIGNATURES

LANDLORD:
Signature: _________________________
Date:
Print Name: _______________

TENANT:
Signature: _________________________
Date:
Print Name: _______________

What is a South Dakota Lease Agreement?

A South Dakota Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) for the rental of residential or commercial property. This document outlines the terms and conditions of the tenancy, establishing the rights and obligations of both parties regarding the use of the premises. It serves as the primary governing instrument for the rental arrangement, detailing critical information such as the monthly rent amount, payment schedules, security deposit requirements, and property maintenance policies. By signing this agreement, both parties consent to adhere to the stipulations provided, which must comply with the state's landlord-tenant statutes found in the South Dakota Codified Laws.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in South Dakota is regulated principally by Title 43, Chapter 32 of the South Dakota Codified Laws (SDCL). These statutes define the parameters for lease durations, liability, and the general duties of the parties involved. For example, SDCL § 43-32-2 establishes that if a lease term is not specified in writing, it is presumed to be for one year, unless the custom of the usage implies otherwise. The state requires that any lease for a duration longer than one year be in writing to be enforceable under the Statute of Frauds. Additionally, federal laws such as the Fair Housing Act apply, prohibiting discrimination in housing based on race, color, religion, sex, national origin, familial status, or disability.

Security Deposit Regulations

South Dakota maintains specific regulations regarding the collection and return of security deposits to protect tenants from excessive financial burdens. According to SDCL § 43-32-6.1, a landlord is generally prohibited from demanding a security deposit that exceeds the amount of one month's rent. However, exceptions exist where a higher deposit may be negotiated if there are special conditions that pose a danger to the maintenance of the premises. Upon the termination of the tenancy, the landlord must return the security deposit, or the remaining balance after lawful deductions, within two weeks (14 days) of the tenant vacating the property and providing a forwarding address. If deductions are made for damages beyond normal wear and tear, a written itemized accounting must be provided to the tenant.

Mandatory Disclosures

To ensure transparency and public safety, a South Dakota Lease Agreement must include specific disclosures mandated by state and federal law. A prominent state-specific requirement involves the disclosure of prior methamphetamine manufacturing. If a landlord has actual knowledge that the residential premises were previously used for the manufacture of methamphetamines, this must be disclosed to the prospective tenant unless the property has been remediated and certified safe by the Department of Health. Furthermore, for any residential property constructed prior to 1978, federal regulations require the landlord to provide a lead-based paint disclosure form and an informational pamphlet regarding the hazards of lead paint exposure.

Key Elements of a Valid South Dakota Lease Agreement

For a lease to be legally robust and effective, it should contain several essential components that address the specific needs of the tenancy while adhering to state laws. Missing or vague information can lead to legal disputes regarding the intent of the agreement.

  • Parties Clause: The full legal names of the landlord and all adult tenants responsible for the lease.
  • Property Description: The specific physical address and unit number of the rental property.
  • Lease Term: The start date and end date of the agreement, or a statement indicating a month-to-month arrangement.
  • Rent Details: The exact amount of rent, the due date, acceptable payment methods, and where payment should be sent.
  • Security Deposit: The amount collected and the specific conditions under which it may be withheld.
  • Utilities and Services: A clear designation of which party is responsible for paying for utilities such as electricity, water, gas, and trash removal.
  • Occupancy Limits: Restrictions on the number of people who may reside in the unit and rules regarding guests.

Termination and Eviction Procedures

The process for ending a tenancy is strictly outlined in state statutes to ensure due process. For month-to-month tenancies, SDCL § 43-32-13 requires that either party provide at least 30 days' notice to terminate the arrangement. If a tenant fails to pay rent or breaches the terms of the South Dakota Lease Agreement, the landlord may initiate eviction proceedings. South Dakota utilizes a "Notice to Quit," which allows the landlord to demand possession of the premises. If the tenant has not vacated after three days following the service of this notice, the landlord may file a Forcible Entry and Detainer action in court to obtain a judgment for eviction.

Rights and Responsibilities

Under a South Dakota Lease Agreement, landlords are obligated to keep the premises in reasonable repair and fit for human habitation. This includes maintaining electrical, plumbing, and heating systems in good working order. Conversely, tenants are responsible for keeping the part of the premises they occupy safe and sanitary. Tenants must not deliberately or negligently destroy, deface, damage, or remove any part of the premises. Failure to maintain the property can result in deductions from the security deposit or eviction, depending on the severity of the damage.

Frequently Asked Questions

Yes, verbal lease agreements are valid in South Dakota for lease terms of one year or less. However, for any tenancy intended to last longer than one year, the agreement must be in writing to be legally enforceable in court.
Generally, a landlord cannot charge more than one month's rent for a security deposit. Exceptions are allowed if the tenant presents a special danger to the maintenance of the premises, in which case a higher amount may be agreed upon.
South Dakota law does not specify an exact timeframe for notice before entry, unlike many other states. However, it is generally accepted that landlords should provide reasonable notice (typically 24 hours) and enter only at reasonable times, except in cases of emergency.
A landlord must return the security deposit, along with an itemized list of any deductions, within two weeks (14 days) after the termination of the tenancy and the receipt of the tenant's mailing address.
South Dakota law generally allows a tenant to repair and deduct specifically if the repairs are necessary for habitability and the landlord fails to act after notice. The cost of the repair must not exceed one month's rent, and specific legal procedures must be followed.
There is no specific state statute limiting the amount a landlord can charge for late fees. However, late fees should be reasonable and clearly outlined in the written lease agreement to be enforceable.

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